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Title: Haiti Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
HAITI
For the first full year in its history, Haiti was governed by a
democratically elected President. The Government brought an end to the
massive, state-sanctioned human rights violations which had
characterized the preceding 3 years. Although the 1991 coup d'etat
which ousted President Jean-Bertrand Aristide after only 7 months in
office continued to affect the country's institutions even after his
return, the Government--assisted by the international community--made
significant progress in addressing many of the nation's most glaring
systemic and institutional needs.
Haiti's 1987 Constitution provides for a parliamentary democracy, but
the Government was unable to meet the constitutionally mandated schedule
for legislative elections a month after Aristide's return. The
Government thus operated without its legislative branch for much of the
year. Nonetheless, the country was eventually able to hold peaceful
elections for all of the nearly 2,100 parliamentary and local offices
nationwide. President Aristide convoked the new National Assembly in
October. A presidential election was held on December 17, despite
pressure from some popular organizations and influential individuals for
Aristide (who was constitutionally barred from seeking a second
consecutive term) to stay in office to "recover" his 3 years of exile.
In the end, Rene Preval, the candidate of the Lavalas platform defeated
his 13 opponents with 88 percent of the vote. Preval took office on the
constitutionally mandated date of February 7, 1996. The period of
crisis from 1991-94 also affected the judicial system, theoretically
independent, but weak and corrupt after decades of governmental
interference under the Duvaliers and subsequent governments. President
Aristide and his Government began the task of rebuilding the justice
system.
The U.S.-led Multinational Force (MNF), which had entered Haiti
peacefully in September 1994 under the authority of the United Nations
Security Council, was replaced in March by the U.N. Mission in Haiti
(UNMIH). Under its mandate, UNMIH's approximately 6,000 peacekeeping
troops and 900 civilian police were responsible for assisting the
Government to maintain a secure and stable environment.
Haiti continued its transition towards a constitutionally mandated
national police force under civilian control, the Police Nationale
d'Haiti (PNH). In revoking the commissions of the majority of members
of the Haitian Armed Forces (FAd'H) at the beginning of 1995, President
Aristide left in place those serving as part of the interim police. The
newly established police academy, charged with training the civilian
police, enrolled its first class in January. The Ministry of Justice
deployed these cadets at the beginning of June, and classes of cadets
graduated each month thereafter, replacing members of the interim police
on a one-for-one basis. In December the Government issued a decree
incorporating into the PNH the remaining members of the interim police,
some 1,500 persons including both former FAd'H personnel as well as
interim police members who had been recruited from among Haitian
migrants being held at the U.S. naval base at Guantanamo, Cuba. A small
number of the ex-FAd'H personnel were credibly implicated in human
rights abuses. There were some incidents of arbitrary arrest and
beating, as well as the killing of several suspects, by the interim
police. The PNH gained a greater level of public confidence than the
interim police had, but were often inclined to use excessive force,
resulting in the beating and killing of several suspects. The
authorities are investigating these incidents. Nonetheless, the PNH
bears little resemblance to the FAd'H, long an instrument of repression
and violence.
In September the UN/OAS International Civilian Mission (ICM) cited the
"clear determination of the Government to improve the quality and
performance of judicial officials, and to supervise the conduct of the
new security agents," which had already resulted in "a dramatic decrease
in the number of complaints." There is much room for improvement,
however, as the PNH continues to suffer from equipment problems, poor
leadership, and political interference. President Aristide wanted the
new Parliament to abolish the army, a remnant of which still exists in
compliance with a constitutional mandate, but provisions do not allow
amendment of the Constitution until the end of Parliament's 4-year term.
Haiti is an extremely poor country. It has a market-based economy with
state enterprises controlling some sectors, such as telecommunications
and energy. Two-thirds of the work force are employed in the
agricultural sector, most in subsistence production. Although less than
1 percent of the work force is in the assembly sector, it is a major
source of export revenue and added about 10,000 jobs in the last year.
The country exports mangos, coffee, and sisal as well. Per capita gross
domestic product increased 5 to 6 percent during 1995, but stands at
only $260 annually. Most of the population subsists on substantially
less than this, remaining in extreme poverty. Much of the country's
wealth is still concentrated in the hands of a tiny, traditional elite.
Haiti's human rights climate improved dramatically. The Aristide
Government generally respected the human rights of its citizens, in
stark contrast to the record of the military regime removed from power
in 1994. In the past, widespread abuses such as judicial corruption,
arbitrary arrest, prolonged detention of suspects, and excessive use of
force by the authorities, punctuated by short, dramatic periods of
extrajudicial killings and other violent attacks with clear political
motives, were common. The Aristide Government took great strides
towards breaking this pattern, and such practices have become the object
of sweeping Government reform efforts, although abuses still occur
occasionally.
Most troubling was the occurrence of more than 20 execution-
style killings in which theft was apparently not a motive. Information
including that developed by the U.S. Federal Bureau of Investigation
(FBI) in the investigation of one of these cases, the March 28 killing
of Mireille Durocher Bertin, suggests that this killing was linked to
several others and that persons associated with the Government may have
been implicated in them. Near the end of the year, the Government
established a Special Investigative Unit (SIU) comprising PNH
investigators working under the direction of several magistrates
to look into notorious homicides dating back to the mid-1980's.
Little progress on other investigations had been made.
The moribund judicial system was incapable of processing detainees in
compliance with the law, and a large proportion of crimes, including
many which might have been politically motivated, remained unresolved.
Improper arrests and warrantless searches, a clogged judicial docket,
poor prison conditions, and vigilante activity condoned by the
authorities also contributed to ongoing human rights violations.
Societal discrimination against women and abuse of children are
problems, most notably the widespread practice of rural families sending
young children to the larger cities to work as unpaid domestics.
The Government made limited headway in investigating the murders of pro-
Aristide activists and others which took place during the coup period.
The President created the independent Presidential Commission of Truth
and Justice to investigate and determine the extent of human rights
abuses during the tenure of the de facto regime, but the Commission's
mandate excluded scrutiny of human rights abuses which took place during
Aristide's 7 months in office in 1991. The President also established a
committee in the Ministry of Justice to address several of the high
profile killings of the same period, again, excluding examination of his
own earlier tenure.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
Political and extrajudicial killings by the authorities or security
forces dropped dramatically with the return of the legitimate Government
and its decision to dismantle virtually the entire pre-existing security
structure. Nevertheless, some people associated with the Government
were implicated in execution-style killings. There were a number of
cases in which the interim police or PNH killed suspects, over 100
instances of mob justice resulting in death, and several cases of
suspected executions by vigilante organizations, some of which appear to
have been inspired by statements of Aristide. The Government opened
investigations into several high profile assassinations which took place
during the coup period but by year's end had not launched adequate
investigations into the execution-style killings which occurred in 1995.
In the last week of December 1994, three men were killed when military
officers fired on dismissed FAd'H members who were rioting near the
general headquarters. There were several reports of suspects killed by
the interim police, and in at least three cases, by the PNH. The
interim police and PNH contend that the suspects were killed while
attempting to escape. The PNH's Office of the Inspector General (OIG)
opened investigations into both these and other lesser PNH incidents.
By year's end, the OIG had taken 12 disciplinary actions; 20 other
investigations remained pending.
With a generally ineffective interim police, a fledgling national
police, and a national focus on grassroots organizations, vigilante
brigades made a renewed appearance. The ICM expressed concern that an
Aristide call in February for "community vigilance" might have been
misinterpreted by some Haitians to mean they could take the law into
their own hands. Although most of these served as neighborhood defense
mechanisms, observers and international forces reported instances where
they suspected vigilante groups were responsible for killings. In
February a group of local gang members attacked the newly installed
interim police contingent in Limbe and killed a lieutenant. Later in
the year, however, vigilante groups turned suspects over to the
authorities.
There was no evidence of national leadership of vigilante brigades,
which were localized phenomena, but such organizations
appeared in all nine provinces. Killings also resulted when mobs
angered by a crime attacked the perpetrator immediately. For example,
crowds in Port-au-Prince killed a man who had stabbed a woman in a taxi
and two juveniles who had snatched a purse. Provincial citizens killed
two men in September on suspicion of having used voodoo to cause the
death of a newly elected deputy (the ICM believes the man died of AIDS).
In November at least seven people were killed in violent clashes after
Aristide, in an emotionally charged eulogy, encouraged citizens to
assist the police in disarming perceived opponents of the Government.
In addition to incidents of summary justice and murders committed in
connection with other crimes, there was a series of execution-style
murders, about 20 according to an ICM press release in September, in
which victims were either former members of the FAd'H (including a
retired general and two retired colonels), attaches, members of the
Revolutionary Front for the Advancement and Progress of Haiti (FRAPH--a
notorious paramilitary organization during the 1993-94 period), persons
connected to the petroleum or automotive industry, or persons whose
affiliations were unknown. In these cases, robbery was apparently not
the motive.
One of the victims was a well-known attorney and former public
prosecutor, Mireille Durocher Bertin, who had been spokesperson for the
former military regime. President Aristide had requested the FBI to
investigate Bertin's murder, but government officials impeded the
operation by failing to cooperate fully with the FBI. The FBI
investigation produced evidence linking the Bertin case to several other
killings, as well as information suggesting that government security
officials may have been implicated in some of these deaths.
Jean Hubert Feuille, a pro-Aristide member of Parliament and cousin of
the President, was killed in a November shooting. A substantial sum of
money was taken by the perpetrators, and theft may have been the
motivation. Feuille's colleague, a parliamentarian from the same party,
survived the attack and claimed publicly that it was the work of unnamed
presidential advisers allegedly angered that he was attempting to expose
their corruption.
In October, in response to domestic and international pressure to solve
the recent execution-style killings, the Government announced the
creation of the SIU to investigate certain high profile killings which
had taken place since the mid-1980s. The SIU, which comprises a group
of PNH investigators under the direction of a magistrate, was tasked
with the investigation of over 70 such cases, the majority of which
occurred during the period of military rule following President
Aristide's overthrow in September 1991.
President Aristide regularly and emphatically stressed the need for both
reconciliation and justice following the repression and human rights
trauma of the prior 3 years. To this end, he created a Presidential
Commission of Truth and Justice and a special lawyers' committee to
investigate four high profile murders during the coup period: those of
Antoine Izmery, Guy Malary, Jean Marie Vincent, and Claudy Musseau.
The Government began investigations into the killings during the coup
period of these four well-known Aristide supporters. One suspect was
tried and convicted in the case of the assassination of Antoine Izmery.
Also in the Izmery murder, a court found guilty in absentia several
members and supporters of the Cedras regime, including former chief of
police Michel Francois, the former captain of the police investigative
service, known for its brutality, and the second in command of FRAPH.
However, the cases of Guy Malary, Jean Marie Vincent, and Claudy Musseau
remain unsolved. Haitian authorities requested the deportation of
Emmanuel Constant, the founder of FRAPH, who had escaped to the United
States in December 1994. Constant appealed the initial deportation
order entered against him. At the end of the year, he remained in U.S.
custody.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The 1987 Constitution prohibits unnecessary force or restraint,
psychological pressure, or physical brutality. After years of
systematic abuse under prior regimes, the legitimate authorities
largely respected these constitutional protections in 1995. There were
several reports of police beating suspects or detainees. In at least
one case, a local "casec" (rural section council member) allegedly
authorized the plaintiff to beat the defendant. In an incident in June,
prison guards at Fort National beat approximately 12 juveniles after the
young men attacked a guard. However, there were no reports of the use
of rape as a means of torture and intimidation, a practice which was
widely reported under the military regime.
Records of the Human Rights Fund, a U.S. Government project to assist
victims of human rights abuses, highlight the vast improvement in
treatment by authorities: in the 3 months before President Aristide's
return, it assisted 49 acute trauma victims, provided over 3,000 medical
consultations, and gave psychological counseling to nearly 100 people.
In early 1995, the relief portion of the fund was terminated due to a
lack of new cases.
Prisoners and detainees, held in overcrowded and inadequate facilities,
continued to suffer from a lack of the most basic hygiene facilities as
well as from inadequate food and health care, including necessary
medical treatment. Prisoners and detainees had to rely on family or
friends for food and medicine. At the National Penitentiary in Port-au-
Prince, nine prisoners died from malnutrition in a 2-week period at the
end of the year.
The Government, with the assistance of the international community,
began to address prison inadequacies. The President implemented
legislation creating the National Penitentiary Administration (APENA),
Haiti's first civilian prison administration. APENA, which includes a
corps of prison guards, has posted agents at 13 of the country's 15
prisons, including at least 1 female prison guard at each facility to
address the needs of female prisoners. To accommodate women and
juveniles previously held in close quarters with the adult male
prisoners in the National Penitentiary, the Ministry of Justice
refurbished a former military facility in Port-au-Prince
to serve as a prison for them. The Government, with help from the
International Committee of the Red Cross (ICRC) and other donors, made
some initial efforts to refurbish the National Penitentiary, which
housed approximately 60 percent of the prison population, by restoring
some burned-out cell blocks, improving kitchen facilities, reopening
previously unusable latrines and showers, and restoring prisoner access
to unused courtyard space. Nonetheless, overcrowding at the National
Penitentiary had become an acute problem by the end of the year.
Authorities permit the ICRC, the Haitian Red Cross, the ICM, and other
human rights groups to enter prisons, monitor conditions, and assist
prisoners with medical care, food, and legal aid.
d. Arbitrary Arrest, Detention, or Exile
The Constitution stipulates that a person may be arrested only if
apprehended during the commission of a crime, or if a judicial warrant
has been issued. The authorities must bring the detainee before a judge
within 48 hours of arrest.
There were no reported cases of the previously common practice of secret
detention. The number of arbitrary arrests decreased significantly.
Some occurred in connection with land disputes in Artibonite province.
In another instance, a justice of the peace arrested the brother of
someone accused of wounding a third party, when the alleged culprit went
into hiding. There were also some cases in which authorities made
arrests based on flawed warrants, including illegal group warrants and
those based on verbal denunciations; or on documents which were
essentially subpoenas, not arrest warrants. Some arrests were also made
in the presence of a justice of the peace without a warrant, which is
legally insufficient. For example, in early March, the Minister of
Justice named a new state prosecutor for Port-au-Prince, who promptly
issued a warrant for 12 people on the grounds of plotting against the
Government. The interim police subsequently arrested two men listed,
Dieumaitre Lucas and Patrick Bastien, and authorities released the men
only after holding them illegally for 6 months. Police detained a
prominent opposition politician, Duly Brutus, in July, using a warrant
which gave authority only to bring him in for questioning. Police also
arrested Carl Denis, a well-known anti-Aristide activist, based on a
denunciation by an organization of former soldiers. Colonel (ret.)
Christophe Dardompre was arrested in November without a warrant; he
remained in detention at the end of the year even though a judge had
ordered his release.
At the beginning of 1995, detainees who had never seen a judge or whose
cases stagnated in the legal system crowded the prisons, particularly
the National Penitentiary. The Ministry of Justice made a sincere
effort to correct this failure, assigning judges to "triage" the cases,
and releasing those who had already served more time in detention than
they would have served if sentenced for the crime in question. In the
absence of any system of public defenders, the Ministry also established
a project by which law students assisted detainees to prepare their
cases. During the first month of the triage program (August),
participants reviewed the cases of 559 detainees, resulting in 7 being
brought to trial and convicted, and 85 being freed by justices of the
peace. Nevertheless, an overburdened, often corrupt, and inadequate
judicial system regularly detained suspects well beyond the 48 hours
permitted for arraignment. Cases bound over to higher courts also
continued to languish. In September 87 percent of the inmates in the
National Penitentiary were in pretrial detention.
The Constitution prohibits involuntary exile of citizens. While some
have left the country voluntarily for personal or political reasons, the
Government did not make use of exile as punishment. Most senior FAd'H
officers chose voluntary exile, many departing due to fear for their
safety after several former officers were murdered. In November former
military strongman Prosper Avril took asylum in the Colombian Embassy
after the police illegally raided his home and arrested his daughter and
son-in-law; at the end of the year, the Government had not allowed Avril
safe passage out of the country.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary and the right to
a fair public trial. However, the former is virtually nonexistent, and
the latter is widely abridged. Two hundred years of rampant corruption
and governmental neglect have left the judicial system poorly organized
and virtually moribund. Under these circumstances, citizens often do
not bring criminal cases to the police or judicial authorities, and most
crimes go unprosecuted.
The Constitution vests judicial power in a supreme court, courts of
appeal, courts of first instance and courts of peace. Court proceedings
are generally public but may take place in closed session in the
interest of public order. In cases of political offenses or offenses
involving the press, sentences must be delivered in open session.
Examining magistrates known as juges d'instruction try cases in the
courts of first instance. Commissaires or public prosecutors supervise
the Judicial Police, which investigate crimes, gather evidence, and
deliver suspects to the courts.
Under Haiti's criminal justice system, all legal proceedings begin with
either an official inquiry by a member of the Judicial Police or with a
recorded denunciation known as a proces verbal. A legal arrest may
follow a police report accompanied by a proces verbal; a citizen's
complaint, whether or not accompanied by a proces verbal; or when a
perpetrator is caught in a criminal act.
The Government has acknowledged that judicial reform is critical, and
has worked with the international community to address some of the
problems plaguing the system, including understaffing, untrained and
incompetent staff, and inadequate compensation. In July the Ministry of
Justice opened the constitutionally mandated magistrates' school.
During its first 3 months, the school put over 100 judges and
prosecutors through intensive 2-week training courses, and will continue
to focus on short and long term training for justices of the peace and
trial judges. Some human rights organizations complain, however, that
corrupt judges from the coup period continue on the bench and that many
are irredeemable.
The Constitution expressly denies police and judicial authorities the
right to interrogate persons charged with a crime unless the suspect has
legal counsel present or waives this right. Nevertheless, not all
accused can afford counsel and the law does not require that the
Government provide legal representation; interrogation without counsel
present continues to occur frequently. Under the Code of Criminal
Procedure, responsibility to investigate crimes is unclear and authority
to prosecute is divided among police, prosecutors, and investigating
magistrates. The Code stipulates two criminal court sessions per year,
each lasting 2 weeks, to try all major crimes requiring a jury trial.
Failure to reform this aspect of the Code has contributed to a huge
backlog of cases inherited from years past, with some detainees having
waited years in pretrial detention for a court date. In addition, for
the last several years, the Ministry of Justice held only one assize in
Port-au-Prince, and there were districts in which it held no assize at
all. However, there were some improvements, as assizes took place in
several districts, and the Minister of Justice committed himself to a
second session in Port-au-Prince in December. During its August
session, the assizes in Port-au-Prince ruled on 12 cases, while those in
Les Cayes handed down decisions in 10. If the accused is ultimately
tried and found innocent, he has no recourse against the Government for
time already served.
There were no reports of political prisoners.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence
The Constitution prohibits such practices, and government authorities
generally respected these prohibitions. In November, however, the
Government ordered the police to carry out a number of warrantless
searches of private residences as part of an effort to search for
weapons. Most of these searches took place in middle-class and wealthy
neighborhoods and more frequently in the cities than in rural areas.
Section 2 Respect for Civil Liberties, Including
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and the press, and the
Government generally respects these rights in practice.
The press energetically exercised this freedom, with the print media
often openly critical of the Government (from both the left and the
right ends of the political spectrum). There are two independent
dailies in Port-au-Prince, as well as a journal published by Tilegliz, a
Catholic group associated with liberation theology. Foreign-based pro-
and anti-Aristide newspapers circulate in Haiti as well. All freely
published reports on negative reactions by Haitians and others on the
elections, security, violence, the efforts to abolish the army, the
economy, and other political issues. Foreign journalists circulated
throughout the country without hindrance. There were no reports of
censorship, nor did there appear to be self-censorship, except in the
case of an electoral debate which the government television station
edited, in contravention of the agreement between its organizer, the
National Democratic Institute, and the station. The station
subsequently rebroadcast the debate in its entirety.
With an illiteracy rate of approximately 80 percent, broadcast media,
especially Creole-language radio, have unusual importance. Thirty-two
radio stations operate in Port-au-Prince, 17 of which offer news
programming. There is one government-owned radio and television
station. These totals represent a significant increase in the number of
stations that were operating during the 1991-94 period. Broadcast media
tended to be neutral or supportive of the Government.
There was a handful of confrontations between authorities and the media.
In March presidential security agents manhandled journalists trying to
film the agents arresting and allegedly beating a man who had climbed
the wall of the National Palace. Thirty journalists subsequently
boycotted coverage of events at the Palace, until the President met with
them to hear their concerns. In June authorities in Les Cayes closed a
local radio station after it broadcast a freewheeling political
discussion. They based their action on the fact that its license was
still pending; the journalists who moderated the event were summoned for
questioning, but were not detained. The station was subsequently
allowed to resume broadcasting. In August the Minister of Information
closed the daily government newspaper L'Union for "renovation," after
public disagreements with the editor.
b. Freedom of Peaceful Assembly and Association
Authorities respected the constitutional rights of freedom of assembly
and association, after years of restriction. Political parties across
the spectrum were able to meet, recruit members and candidates, and hold
election rallies for their partisans. Nongovernmental organizations and
grassroots and popular groups, many of which had had to suspend their
activities under threat from the military regime and its agents or go
underground, emerged from hiding and resumed their activities. New
organizations also formed, including one dedicated to the rights of
former soldiers.
c. Freedom of Religion
The Constitution provides for the right to practice all religions and
faiths, provided that practice does not disturb law and order.
President Aristide met officially not only with Catholic religious
officials but with Protestants and Vauduisants (adherents of vaudoun or
voodoo, a mix of African religions and Catholicism) as well. There are
currently no government restrictions on missionary activities,
affiliation with overseas coreligionists, or religious instruction or
publishing.
In contrast to numerous incidents during the previous regime, there were
no reports of attacks against religious figures.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
There are no legal restrictions on the movement of citizens within the
country.
An unknown number of undocumented migrants put to sea seeking better
economic opportunities in other countries. The U.S. Coast Guard
interdicted and returned approximately 1,800. Hundreds of others
succeeded in landing illegally in the Bahamas, the Turks and Caicos
Islands, or Florida, while several drowned. The Government created a
National Migration Office to assist repatriates. It also reached an
agreement with the Bahamas for repatriating Haitians who lacked legal
status there.
There have been no cases of asylum seekers or refugees in Haiti, and,
accordingly, the Government has not formulated a policy to deal with the
question of refugees.
Section 3 Respect for Political Rights: The Right of Citizens to
Change their Government
The Constitution provides for regular elections for local and
parliamentary offices and for the presidency. Legislative elections
scheduled for November 1994, but delayed because President Aristide did
not return until October of that year, took place over three rounds in
June, August, and September. The Presidential election scheduled under
the Constitution for the end of November was held successfully on
December 17.
The terms of all members of the 83-member Chamber of Deputies, the lower
house of the Parliament, and of two-thirds of the 27-member Senate,
expired on February 4, as did the mandates of all local government
officials. The Parliament ended its deliberations on that date,
resulting in a legislative void. President Aristide, however, appointed
mayors throughout the country to manage local government. Most of these
were incumbents, but critics of the President accused him of replacing
members of opposition political parties with his own adherents.
A provisional electoral council (CEP), created by a political compromise
in late 1994, administered the legislative and municipal elections,
which filled the vacant seats of 101 of 110 parliamentarians and 2,094
local government officials. CEP incompetence marked the period
preceding the Parliamentary elections, and widespread logistical
problems, poor administration of the voting and counting process, and
isolated cases of violence and intimidation marred the first round,
resulting in anger and an eventual boycott of the second round by most
opposition political parties. However, most international observers
called the election a significant step forward, and agreed that the
serious flaws which existed had not altered the election's outcome.
After a major change of CEP leadership, it was able to correct many
irregularities before holding runoffs and restaging about 20 percent of
the first round contests. It also agreed to reimburse a portion of the
candidates' registration fees and campaign expenses, although this in
fact never occurred.
As the date for the presidential election neared, many of President
Aristide's supporters urged him to postpone the election for 3 years to
make up for the period he was in exile. Ambiguity over this issue
clouded the process through election day. The December 17 election, in
which 14 candidates competed, was deemed by international electoral
observers to be free, fair, and peaceful, with the CEP showing further
marked improvement in the administration of the election. Turnout for
the election nationwide was 28 percent. Rene Preval of the Lavalas
platform won an absolute majority and was inaugurated as President on
the constitutionally mandated date of February 7, 1996.
There are no de jure impediments to women's participation in politics or
government. The generally lower status of women, however, limits their
role in these fields. Of the 83 members in the Chamber of Deputies,
only 3 are women, and there are no women in the 27-member Senate.
President Aristide named several women to prominent positions in his
Government including a foreign minister (who was later elevated to prime
minister), a finance minister, and the head of the Presidential
Commission of Truth and Justice and has relied on female advisors on his
palace staff.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
About a dozen local human rights groups exist in Haiti. Most have
continued to monitor conditions in the country, with particular emphasis
on the activities of former members of the armed forces, attaches,
section chiefs, and members of the notorious paramilitary group FRAPH.
Some have changed their focus, at least in part, to issues of justice
and civic education, as the numbers of violations decreased drastically
with the return of the constitutionally elected Government.
Many of the local groups worked with the Presidential Commission
of Truth and Justice formally established in late March. The Commission
had a 9-month mandate to take complaints and investigate the human
rights tragedy of 1991-94 in order to determine what kinds of abuses
occurred and their magnitude. It gathered testimony throughout the
country, and accepted written records compiled by human rights groups
during the 3-year crisis. The Commission completed the investigatory
phase of its work in December and was expected to release its final
report in early 1996.
The International Civilian Mission, operated jointly by the United
Nations (U.N.) and the Organization of American States (OAS),
investigated reports of human rights violations, assisted in monitoring
the elections, and issued periodic reports and press releases.
Representatives of international human rights organizations visited
Haiti from time to time. During the General Assembly of the OAS in
June, delegates elected the Haitian Minister of Justice to a seat on the
Inter-American Commission on Human Rights, beginning in 1996. The ICRC
was active throughout the year, particularly in the area of prison
renovation and assistance to prisoners. The authorities allowed the
ICRC and the ICM free access to prisoners. The National Coalition for
Haitian Refugees also maintained a presence.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The 1987 Constitution does not specifically prohibit discrimination on
the grounds of race, sex, religion, disability, language, or social
status. It does, however, provide for freedom of religion and equal
working conditions regardless of sex, beliefs, or marital status. There
is no effective governmental mechanism to administer or enforce these
provisions.
Women
Knowledgeable local authorities report that both criminal and domestic
violence, including rape, occur but are rarely reported or prosecuted.
Most of this violence goes unreported, and authorities have been
ineffectual in prosecuting complaints (see Section 1.e.).
Although women are often the breadwinners for poor families, they do not
enjoy the same economic and social status as men. In some social
strata, tradition limits women's roles; peasant women, for example,
remain largely in the traditional occupations of farming, marketing, and
domestic tasks. Poorer families sometimes ration education money to pay
school fees for male children only. Nonetheless, women have occupied
prominent positions in both the public and private sectors in recent
years.
Children
The Parliament ratified, at the end of December 1994, the International
Convention on the Rights of the Child, and the President signed the bill
2 weeks later. The Government expressed public concern over the plight
of children and welcomed international assistance for them. It did not
have the resources, however, to implement effective mechanisms for their
protection.
Rural families continued to send young children to serve as unpaid
domestic labor for more affluent city dwellers. The use of children in
this manner is not limited to the wealthy class; middle and lower class
families also follow the practice, called "restavek". The Government
has not enacted any legislation to curb this abuse. A 1991 U.N. study
cited the restavek children as an example of slavery practiced in the
20th century. The Government does not compile official statistics, but
observers estimate that--due to greater internal displacement during the
period of illegal military rule--the number of restaveks now far exceeds
the 109,000 reported by the U.N. in 1991. The Ministry of Social
Affairs believes that as many as 20 percent of restaveks are mistreated.
Employers compel the children to work long hours, provide them with
little nourishment, and frequently beat and sexually abuse them.
Port-au-Prince's large population of street children includes runaway
restaveks, as well as children orphaned or separated from their
families. The abysmal state of the economy only worsens the plight of
such children, whom society holds in little regard. Local human rights
groups do not view the plight of restavek children as a priority and do
not report on abuses of children or actively seek to improve their
situation. The Government's efforts to deal with restaveks have
centered on monitoring some of the children working as domestics and
intervening to move them to other homes if they are being mistreated.
The Government does not take any action against abusive employers.
People With Disabilities
The Constitution provides that disabled persons shall have the means to
assure their autonomy, education, and independence. Despite the
constitutional provision for means of autonomy for the disabled, there
is no enacting legislation mandating provision of access for people with
disabilities. There is no overt ill-treatment of people with
disabilities, but given the desperate poverty in which the vast majority
of Haitians live, those with disabilities face a particularly harsh
existence.
National/Racial/Ethnic Minorities
Some 99 percent of Haitians are descendants, in whole or in part, of
African slaves who won their war of independence from France in 1804.
The remaining population is of European, Middle Eastern, North American,
or Latin American origin. The law makes no distinctions based on race.
There are longstanding social and political animosities among Haitians,
however, often tied to cultural identification and skin color, and
issues of class, in this starkly inegalitarian society. Some of these
animosities date back to before Haiti's revolutionary period.
There are two official languages: Creole, which is spoken by virtually
all Haitians, and French, which is spoken by about 20 percent of the
population. The inability to read, write, and speak French, or read and
write Creole, has long limited the political and economic opportunities
available to the majority of the population. In the past, the country's
French-speaking elite effectively used language requirements as an
additional barrier to the advancement of the country's Creole-speaking
majority. However, Creole use in political discourse increased
dramatically in 1995.
Section 6 Worker Rights
a. The Right of Association
The Constitution and the Labor Code provide for the right of association
and provide workers, including those in the public sector, the right to
form and join unions without prior government authorization. Although
union activities are protected, the law prohibits a closed shop. The
law requires a union, which must have a minimum of 10 members, to
register with the Ministry of Social Affairs within 60 days of its
establishment. Union membership is estimated at 5 percent of the total
labor force. There are six principal labor federations, each of which
maintains some fraternal relations with various international labor
organizations.
b. The Right to Organize and Bargain Collectively
The Labor Code protects trade union organizing activities and stipulates
fines for those who interfere with this right. After years of having
their activities curtailed by the authorities, the unions are now free
in fact as well as in law to pursue their goals. Nonetheless, the high
unemployment rate has had a profoundly damaging impact on union
activities. In addition, militant union activity between 1987 and 1991
led to the closure of some industrial firms, making many factory workers
antiunion. Organized labor activity is generally concentrated in the
Port-au-Prince area, primarily in the assembly sector, and in state
enterprises. Observers estimate that only 2 to 3 percent of the
industrial labor force is unionized. Many union activists militantly
oppose privatization of state enterprises, fearing the effect on
employment and union membership.
Collective bargaining, which has never been widespread, was nonexistent
in 1995. Employers generally set wages unilaterally.
There are no export processing zones. Prior to 1991 and the imposition
of the OAS trade embargo, Haiti did have a sizable export-oriented
assembly sector. The Labor Code does not distinguish between industries
producing for the local market and those producing for export. Many
assembly sector companies were the focus of developmental efforts; they
received greater outside scrutiny and were consequently somewhat more
generous with benefits and wages. Employment in the export assembly
sector, however, declined from almost 35,000 jobs in September 1991 to
fewer than 1,000 in September 1994, before rebounding in the subsequent
12 months to about 10,000. As the assembly sector contracted, unions
that were particularly strong in this sector declined accordingly.
c. Prohibition of Forced or Compulsory Labor
The Labor Code prohibits forced or compulsory labor, but enforcement of
these provisions is practically nonexistent. Children continued to be
subjected to forced domestic labor (see Section 5).
d. Minimum Age for Employment of Children
The minimum employment age for minors in all sectors is 15 years.
Fierce adult competition for jobs ensures that child labor is not a
factor in the industrial sector. Children under age 15 commonly work at
odd jobs in both rural and urban settings to supplement family income.
Enforcement of child labor laws is the responsibility of the Ministry of
Social Affairs, but the International Labor Organization has criticized
the Ministry's enforcement as inadequate.
e. Acceptable Conditions of Work
President Aristide raised the minimum daily wage, which applies to
industrial, commercial, and agricultural workers, from $1.00 (15
gourdes) to $2.40 (36 gourdes) effective June 1. While sufficient to
support a single worker, the minimum wage cannot adequately support
additional family members. Although they are considerably better off
than the rest of the population, most minimum wage earners live in slum
conditions. In addition the majority of Haitians work in subsistence
agriculture where minimum wage legislation does not apply.
The Labor Code governs individual employment contracts. The Code sets
the normal workday at 8 hours and the workweek at 48 hours with 24 hours
of rest on Sunday. It also establishes minimum health and safety
regulations. The industrial sector, which is concentrated in the Port-
au-Prince area and more accessible to outside scrutiny, observes these
laws and regulations in practice. However, the Ministry of Social
Affairs has inadequate resources to enforce work hours and Labor Code
provisions on health and safety. With more than 50 percent of the
population unemployed, workers are not able to exercise the right to
remove themselves from dangerous work situations without jeopardy to
continued employment.
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